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TO THE PEOPLE 

OP 


NORTH-CAROLINA. 



The Convention wliich met under the Reconstniction aclj5 
of Congress, to form a ConstitTition “ republican iii form,^’ for 
the State ol North-Carolina, preparatory to its rc-admission 
into the Union, have iinished their labors, and now present 
the Constitution, to the people of the State, for their ratifica¬ 
tion. The undersigned have been apjwinted to prepare a 
brief statement of its most important provisions, and of the 
principal changes which have been made in the former sys' 
tein ot gonernmenf, 

, 'I 

THE HILL OP RIGHTS 

states clearly “ the general and essential principles of liberty 
and good goverament,” and secures them, by all the safe¬ 
guards which experience can suggest. The great change in¬ 
troduced by this. Bill of Rights, is, that it removes every ar¬ 
gument on wliich the doctrine of the right of secession, has 
been ad voted, and secures forever, the integrity of the Union \ 
and the peace and concord of the United States. To the 
Union-loving people of North Carolina, uo defence need be 
made, for the bold assertion of this great principle^ 

IN THE EXECimyE DEPliETMEHT, 

the changes appear to be, much greater.than they really arc. 
The names of some offices have been changed, and instead of 















4 


ADDRESS. 


will between races that are destined to live on the same soil^ 
and ought to live together in peace, and it should be frowned 
down by every lover of the peace and prosperity of the 
country, 

JUDICIAL DEFAirfMENT. 

Ex|>erience will soon demonstrate that the changes made in 
this branch of the government, taken altogether, are of great 
value. Some may doubt the propnety ot electing the Judges 
by the people. If the people select wisely, no harm can pos¬ 
sibly result. The abolishment of the County Courts, render¬ 
ed necessary a small increase in the number of Judgcs of the 
Superior Courts; and it may be charged, that thereby, the 
new system will be more expensive than the old. Wo havv:' 
considered this matter well, and we confidently assure tlie 
people of North-Csfcrolina, that if the General Assembly shall 
carry out, in good faith, the idea of the Convention, they will 
save hundreds of thousands of dollars every year, by the in¬ 
creased dispatch, cheapness and certainty of the administra¬ 
tion of justice. We confidently invite the‘approval of the 
people to this part of the Constitution, it will stand the test 
of experience, and be more valued with every year of its 
existence. 

COUNTY GOtTIRNMENT, 

The Eepiiblican principle of local self-government, 
has been so fertile a source of good effects in the J^orth-Eas- 
tem and North-Western States, has been applied to the admin¬ 
istration of the local afiairs of counties ahid townships. These 
county Legislatures, composed of five Commissioners for each 
county, will be schools, where the lessons of statesmanship 
will be learned, which may be afterw^ards displayed in 
the government of the State. By these various bodies, almost 
every man, is brought directly to participate in public affairs. 



ADD11M8. 


It may seem a little awkward at first, but it has approved 
itself elsewhere, and will do so here. 

EDUCATION. 

Tlie Constitution framed by our ancestors in 1776, recog¬ 
nized the value of education. It provided for a University. 
This Constitution provides for a Univereity, and for free 
public schools for all the children of the State, All may see the 
<lilFerence between the success in life, of the educated, and of 
the uneducated man. Yet, as often as not, the uneducated 
iiidn, has been gifted with the greater degree of intellectual 
power; the cause of his ill success is that it has not been de¬ 
veloped. We propose to “level upwards,” to give to every 
<'liild, as far as the State can, an opportunity to develop to 
the fullest extent, all, his intellectual gifts. So noble an 
efibrt needs BO vindication. 

ntPEISONMENT FOE DEBT 

is abolished except in ease of fraud. 

A liberal homestead is reserved to the unfortunate debtor. 

The barbarous punishments of whipping, branding, and 
cropping, will be hereafter unknown. Crime is as often the 
result of an ignorance of the means of getting an honest living, 
as of a criminal disposition. Hereafter a Penitentiary w ill 
be at once a place for the repression of crime, and a sciiool for 
teaching the useful arts, to those who are more unfortiinute 
than criminal. 

People of Horth-Carolina! such is the Constitution which 
we invite you to adopt. Head it carefully, consider it calmly; 
upon you and yours, will the consequences of your decision 
fall. Yon may not approve every part of it. We can not 
nssert that it is perfect in every part. You must allow some¬ 
what for the differences of opinion inevitable among think¬ 
ing men, and each man must yield something of his own views 





6 


ADDEE9S. 


for tlie sake or harmony. If you approve the general scope 
and object of the Constitution; vote to ratify it. Do not be 
misled by the unfounded denunciation, of men heated by pas¬ 
sion and reckless of consequences. If you adopt it, the gates 
of the Union will be opened for our entrance, we will once 
again enjoy the inestimable blessings of Constitutional Lib¬ 
erty, and may hope for a continuance of peace, and tor a re¬ 
turn of our former prosperity. With a climate and soil un¬ 
surpassed, with a people highly gifted by nature with intellect 
and virtue, the State of Uorth-Carolina ought to be, a great, 
rich, and happy State. Laying aside all mutual crimination, 
and all prejudice; and leaving the Past to bear its proper bur¬ 
den of sorrows and guilt, let us all unite to make her what 
she ought to be. You have but to will it, and by the blessing 
of God, it will be done. 

WILL. B. EODMAN, 

GEO. W GAIIAGAU. 


CONSTITUTION 

OF 

NORTH-CAEOLINA. 


PEEAMBLE. 

We the people of the State of North-Carolina, grateful to 
Almightj God, the Sovereign Enler of Nations, for the pre¬ 
servation of the American Union, and the existence of our 
civil, political and religions liberties, and acknowledging our 
dependence upon Him, for the continuance of those blessings 
to us and our posterity, do, for the more certain security 
thereof, and for the better government of tliis State, ordain 
and establish this Constitution, 

AETICLE I. 

DECLARATION OF RIGHTS. 

That the great, general and essential principles of liberty 
and free government, may be recognized and established, and 
that the relations of this State to the Union and government 
of the United States, and those of the people of this State to 
the rest of the American people, may be defined and affirmed, 
we do declare; 

Section 1. That Tve hold it to be self-evident that all men 
are created equal; that they are endowed by their Creator 
with certain unalienable rights; that among these are life, 
liberty, the enjoyment of the fruits of their own labor, and the 
pursuit of happiness. 






s 


CONSTITUTION OF 


Sec. 2, Tliat all political power is vested in, and derived from 
the people; all government of right originates from the peo¬ 
ple, is founded upon their will only, and is instituted solely 
for the good ot the whole. 

Sec. 3, That the people of this State have the inherent, 
sole, and exclusive right of regulating the internal government 
and police thereof, and of altering and abolishing their Con- 
stitation and form of government, whenever it may be neces¬ 
sary to their safety and happiness ; but every such right should 
be exercised in pursuance of law, and consistently with the 
Constitution of the United States. 

Sec. 4. That this State shall ever i*emaiu a member of the 
American Union, that the people thereof are part of the 
American nation ; that there is no right on the part of this 
State to secede, and that all attempts from whatever source 
or upon whatever pretext, to dissolve said Union, or to sever 
said nation, ought to be resisted with the whole power of the 
State. 

Sec. 5. That every citizen of this State owes paramount 
allegiance to the Constitution and Government of the United 
States, and that no law or ordinance of the State in contra¬ 
vention or subversion thei'eof, can have any binding force. 

Sec. 6 . To maintain the honor and good faith of the State 
untarnished, the public debt, regularly contracted before 
and since the rebellion, shall be regarded as inviolable and 
never be questioned ; but the State shall never assume or 
pay, or authorize the collection of, any debt or obligation, 
express or implied, incurred in aid of insurrection or rebel¬ 
lion against the United States, or any claim tor the loss or 
emancipation of any slave. 

Sec, T. Is 0 man or set of men are entitled to exclusive or 
separate emoluments or privileges from the community but in 
consideration of public services. 

Sec. 8, The Legislative, Executive, and Supreme judicial 
powers ot the government ought to be forever separate and 
distinct from each other. 




NORTir-CAEOLIXA. 


9 


Sec. 9. All power of suspending laws, or tlie execution of 
laws, by any authority, without the consent of the representa¬ 
tives of the people, is injurious to their rights, and ought not 
to be exercised. 

Sec. 10. All elections ought to be free. 

Sec. 11. In all criminal prosecutions, every man has the 
right to be informed of the accusation against him and to con¬ 
front the accusers and witnesses with other testimony, and to 
liave counsel for his defence, and not be compelled to 
give evidence against himself, or to pay costs, jail fees, 
or necessary witness fees of the defence, unless found 
guilty. 

Sec. 12. Xo person shall be put to answer any criminal 
charge, except as hereinafter allowed, but by indictment, pre¬ 
sentment, or impeachment. 

Sec. 13. No person shall be convicted of any crime but by 
the unanimous verdict of a jury of good and lawful men in 
open court. The Legislature may, however, provide other 
means of trial, for petty misdemeanors, with the right of 
appeal. 

Sec. 14. Excessive bail should not be required, nor exces¬ 
sive fines imposed, nor cruel or unusual punishments inflicted. 

See. 16. General warrants, whereby any officer or messen: 
ger may be commanded to search suspected places, without 
evidence of the act committed, or to seize any person or 
persons not named, whose offence is not particularly described 
and supported by evidence, are dangerous to liberty and ought 
not to be granted. 

Sec. 16. There shall be no imprisonment for debt in this 
State, except in cases of fraud. 

Sec. 17. No person ought to be taken, imprisoned or dis¬ 
seized of his freehold, liberties or privileges, or outlawed, of 
exiled, or in any manner deprived of his life, liberty, or pro¬ 
perty, but by the law of the land. 

Sec. 18. Every person restrained of his liberty, is entitled 
TO a remedy to enquire into the lawfulness thereof, and to re- 




10 


CONSTITUTION OF 


move tlie same, if unlawful; and sucli remedy ought nott j 
be denied or delayed. 

Sec. 19. In all controversies at law respecting property, the 
ancient mode of trial by jury is one of the best securities ot 
the rights of the people, and ought to remain sacred and 
inviolable. 

Sec. 20. The freedom of the press is one oi‘ the great bul¬ 
warks of liberty, and therefore ought never to be restrained, 
but every individual shall be held responsible for the abuse 
of the same. 

Sec. 21. The privilege of the writ of habeas corpus shall 
not be suspended. 

Sec. 22. As political rights and privileges are not depen¬ 
dent upon, or moditied by property, therefore no property 
qualification ought to afiect the right to vote or hold office.. 

Sec. 23. The people of this State ought not to be taxed, 
or made subject to the payment of any impost or duty, without 
the consent of themselves, or their representatives in General 
Assembly, freely given. 

Sec. 24. A well regulated militia being necessary to the 
security of a free State, the right of the people to keep ami 
bear arms sliall not be infringed; and, as standing armies, 
in time of j^eace, are dangerous to liberty, they ought not 
to be kept up, and the military should be kept under strict 
subordination to, and governed by, the civil power. 

Sec. 25. The people have a right to assemble together to. 
consult for tlieir common good, to instruct their representa¬ 
tives, and to apply to the Legislature for redress of grievances. 

Sec. 26. All men have a natural and unalienable right to 
worship Almighty God according to the dictates of their owti 
consciences, and no human authority should, in any case 
whatever, control or interfere with the rights of conscience. 

Sec. 27. The people have a right to the privilege of edu¬ 
cation, and it is the duty of the State to guard and main¬ 
tain that right. 





NORTH-CAEOLINA. 


11 


Sec. 28. For redress of grievances, and for amending and 
strengthening the laws, elections should he often held. 

Sec. 29. A frequent recurrence to fundamental principles, 
is absolutely necessary to preserve the blessings of liberty. 

Sec. 30. hTo' hereditary emoluments, privileges, or honors, 
ought to be granted or conterred in this State. 

Sec. 31. Perpetuities and monopolies are contrary to the 
genius of a free State, and ought not to be allowed. 

Sec. 32. Petrospective laws, punishing acts committed be¬ 
fore the existence of such laws, and by them only declared 
criminal, are oppressive, unjust and incompatible with liberty, 
wherefore no ex post facto law ought to be made. ISo law 
taxing retrospectively, sales, purchases, or other acts previ¬ 
ously done, ought to be passed. 

Sec. 33. Slavery and involuntary servitude, otherwise than 
for crime ^\'hereof the parties shall have been duly convicted, 
shall be, and are hereby forever prohibited within this State. 

Sec. 34. The limits and boundaries of the State shall be 
and reamin as they now are. 

Sec. 35. All courts shall be open, and every person for an 
injury done him in his lands, goods, person, or reputation, 
shall have remedy by due course of law, and right and jus¬ 
tice administered without sale, denial, or delay. 

Sec. 36. No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner; nor in time of 
war, but in a manner prescribed by law. 

Sec. 37. Tliis enumeration of rights shall not he construed 
to impair or deny others, retained by the people; and all 
powers, not herein delegated, remain with the people. 




CONSTITUTrON OF 




ARTICLE 11. 

LEGieLATIVE DEPARTMENT. 

Section 1. The Legislative authority shall be vested in two 
<listinct branches, both dependent on the people to wit; a 
Senate and House of Representatives. 

Sec. 2, The Senate and House of Representatives shall 
iueet annually on the third Monday in Iloveniber and when 
dissembled, shall be denominated the General Assembly. 
Neither House shall proceed upon public business, unless a 
majority of all the members are-actually present. 

Sec. 3. The Senate shall be composed of fifty Senators 
Inennially chosen by ballot. 

Sec. 4. Until the first session of the General Assembly 
which shall be had after the year eighteen hundred and 
^^eventy-one, the Senate shall be composed of members elected 
S rom districts constituted as follows : 

^ 1st District—Perquimans, Chowan, Pasquotank, Currituck, 
ffates and Camden, shall elect two Senators. 

2d District—Martin, MTashington and Tyrrell, shall elect 
one Senator. 

3d District—Beaufort and Hyde, shall elect one Senator, 

4th District—Korthampton, shall elect one Senator. 

5th District—Bertie and Hertford, shall elect one Senator. 

6th District Halifax, shall elect one Senator. 

ith District Edgecombe shall elect one Senator. 

8th District ^-Pitt, shall elect one Senator. 

9th District—Hash and Wilson, shall elect one Senator., 

10th District—Craven and Carteret, shall elect two Sen¬ 
ators. 

11th District—Jones and Lenoir, shall elect one Senator. 

12th District—Dupliii and Onslow, shall elect one Senator 

13th District—Brunswick and New Hanover, shall elect 
two Senators. 



iJ'ORTH-CAROI.tl? A. 




l4tli District—Bladen and ColnmbnSj shall elect one Sen¬ 
ator. 

15th District—EohesoHj shall elect one Senator. 

16th District — Cumberland, Harnett and Sampson, shall 
elect two Senators, 

ITth District—Johnston, shall elect one Senator, 

18th District—Greene and Wayne, shall elect one Senator. 

19th District—Franklin and Wake, shall elect two Senuto^^. 

20th District—Warren, shall elect one Senator. 

21st District—Granville and Person, shall elect two Seji- 
ators. 

22d District—Orange^ shall elect one Senator. 

28d District—Chathairi, shall elect one Senator. 

24:th District—Caswell, shall elect one Senator. 

25th District—Bockingham, shall elect one Senator. 

26th District—Alamance and Guilford, sliall elect two St'it- 
ators. 

27th District—Eandolph and Montgomery, shall elect one 
Senator. 

28th District—Moore and Richmond, shall elect one Senatt>r 

29th District—Anson and Union, shall elect one Senator. 

30th District—Mecklenburg, shall elect one Senator. 

3 l 3 t District—Cabanms and Stanly, shall elect one Senator. 

32d District—Davie and Rowan, shall elect one Senator. 

33d District—Davidson, shall elect one Senator. 

34th District—Forsythe aiid Stokes, sliall elect one Senator. 

35th District—Snrry and Yadkin, sliall elect one iSenator. 

36th District—Alexander and Iredell, shall elect one Seit^ 
ator. 

37th District—Catawba, Gaston and Lincoln, shall elect one 
Senator. 

38tli District—Cleveland, Polk and Rutherford, shall eiccf 
one Senator. 

39th District—Alleghany, Ashe and Wilkes,shall elect (>»»►' 
Senator, 




u 


CONSTITUTION OF 


40th District—Buncombe, Henderson and Transjdvaiiia^ 
shall elect one Senator. 

41st District—Burke, Caldwell and Watauga, shall elect 
one Senator. 

42d District—Madison, Mitchel, McDowell and Tancey, 
shall elect one Senator. 

43d Distiict—Olay, Cherokee, Haywood, Jackson and Ma¬ 
con, shall elect one Senator. 

Sec. 5. An enumeration of tlie inhabitants of the State 
shall be taken under the direction of the General Assembly 
in the year one thousand eight hundred and seventy-five, and 
at the end of every ten years thereaftei ; and the said Senate 
districts, shall be so altered by the General Assembly, at 
the first session after the return of every enumeration taken 
as aforesaid, or by order of Congress, that each Senate dis¬ 
trict shall contain, as nearly as may be, an equal number of 
inhabitants, excluding aliens and Indians not taxed, and shall 
remain unaltered until the return of another enumeration, 
and shall at all times consist of contiguous territory \ and no 
(X)unty shall be divided in the formation of a Senate district, 
unless such county shall be equitably entitled to two or more 
Senators. 

Sec. 6 . The House of Bepresentatives shall be composed of 
one hundred and twenty Bepresentatives, biennially chosen 
by ballot, to be elected by the counties respectiveljq according 
to their population, and each county si)all have at least one 
Representative in the House of Bepresentatives, although it 
may not contain the requisite ratio of representation; this 
apportionment shall be made by the General Assembly at the 
respective times and periods when the districts for the Senate 
are hereinbefore directed to be laid otf. 

Sec. 7. In making the apportionment in the House of 
Bepresentatives, the ratio of representation shall be ascertain 
ed by dividing the amount of the population of the State, 
exclusive of that comprehended within those counties which 
do not severally contain the one hundred and twentieth part 




NORTn-CAROLTXA. 


' t the po})iilation of the State, by the number of Representa¬ 
tives, less tlie number assigned to such counties; and in ascer¬ 
taining the number of the population of the State, aliens and 
I Indians not taxed, shall not be included. To each county 

I <'ontaining the said ratio and not twice the said ratio, there 

^ 'hall be assigned one representative ; to each county con tain- 
! ing twice but not three times the said ratio, tliere shall be as¬ 
signed two representatives, and so on progressively, and then 
the remaining representatives shall be assigned severally to 
the counties having the largest fractions. 

Sec. 8. Until the General Assembly shall have made the 
apportionment as hereinbefore provided, the House of Repre- 
sentativOvS shall be composed of members elected from the 
(counties in the following manner, to-wit; 

The county of Wake shall elect four members; the counties 
of Craven, Granville, Halifax and New Hanover shall elect 
three members each ; the counties of Caswell, Chatham, Cum¬ 
berland, Davidson, Duplin, Edgecombe, Franklin, Guilford, 
Iredell, Johnston, Mecklenburg, Northampton, Grange, Pitt, 
Randolph, Robeson, Rockingham, Rowan, Warren, and 
Wayne shall elect two members each ; the counties of Ala¬ 
mance, Alexander, Alleghany, Anson, Ashe, Beaufort, Ber¬ 
tie, Bladen, Brunswick, Buncombe, Burke, CabaiTus, Cald- 
v/ell, Camden, Carteret, Catawba, Cherokee, Chowan. Clay, 
Cleveland, Columbus, Currituck, Davie, Forsyth, Gaston, 
Gates, Greene, Harnett, Henderson, Haywood, Hertford, 
Hyde, Jackson, Jones, Lenoir, Lincoln, Macon, Madison, 
Martin, McDowel, Mitchell, Montgomery, Moore, Nash, On¬ 
slow, Pasquotank, Perquimans, Pemon, Polk, Richmond, 

I Rutherford, Sampson, Stanly, Stokes, Surry, Transylvania, 
I Tyrrell, Union, Washington, Watauga, Wilkes, AV'ilson, Yad- 
1 in and Yancey shall elect one member each. 

; Seo. 9 Each member of the Senate shall be not less than 
i twenty-fi'/e yeai*s of age, shall have resided in the State as a 
citiBen two years, and shall have usually resided in the dis- 




COf^STlTL'IlOK OF 


strict fot* whi'cli lie is clioseii, one year immediatelj preceding 
his election. 

Sso. 10. Eacli member of the Ilonse of Representatives* 
sliall be a qualified elector of the State, and shall have resided 
in the connty for which he is chosen, for one yeaiviminedl-' 
atclj preceding his election. 

Sec. 11. In tlie election of all officers, whose appointment 
shall be conferred npon the General Assembly by the Const i¬ 
tution, the vote shall be xwa voce. 

Sec. 12. The General Asseipbly sliall have po'wer to pas':^ 
general laws regidatiiig divorce and alimony, bat-shall not 
have power to grant a divorce,or secure Alimony in any indi¬ 
vidual case. 

Sec. 13. The General Assembly shall not have power 
pass any private law to alter tlie name of any |>erson, or 
legitimate any person not bom in lawful wedlock, or to restotv 
to the rights of citizenship any person convicted of an infa¬ 
mous crime, but shall have power to pass general laws reo*iila- 
ting the same, ^ 


. Sec. 14. The General Aggemblj sliall not pass any private 
law, nnless it shall be made to appear, that thirty days noticr 
of application to pass such law shall have been given, under 
such direction, and in such manner as shall be provided b> 
law. 

Sec. U. If vacancies shall occur in the General Assembly 
by death, resignation or othemise, writs of election shall bo 
issued by tbe Governor under such regulations as may be pre¬ 
scribed by law% ' ^ 


Sk, 16 No law aliali be passed to raise moner on the 
wedst of the State, or to pledge the faith of the State di 
rectly or indirectly for the payment of any debt, or to impose 
any tax npon the people of the State, or to allow the counties, 
cities or towns to do so, nnless the bill tor the pnrpoee shall 
have been read three several times in each bowse of the Gene¬ 
ral A^embly, and passed three several readings, wliich read- 
ngs shall have been on three diftereiit days, and agreed to by 


NoUTH-CAfioLmA. 


17 


each House respectively, and unless the yeas and nays on the 
second and third readings of the bill shall have been entered 
on the Journal. 

Sec. 17. The General Assembly shall regulate entails in 
such manner as to prevent perpetuities. 

Sec. 18. Each House shall keep a journal of its proceed¬ 
ings, which shall be printed and made public immediately 
after the adjournment of the General Assembly. 

Sec. 19. Any member of either House may dissetit from^ 
and protest against, any act or resolve, which he may think 
injurious to the public, or any individual, and liave the rea¬ 
sons of his dissent entered on the Journal. 

Sec. 20. The House of Representatives shall choo.se their 
own Speaker and other officers. 

Sec. 21. The Lieutenant-Governor shall preside in the Sen¬ 
ate, but shall have no vote, unless it may be equally divided. 

Sec. 22. The Senate shall choose its other officers and also 
a Speaker {pro tempm^e) in the absence of the Lieutenant* 
Governor, or when he shall exercise the office of Governor. 

Sec. 23. The style of the acts shall be, “The General 
Assembly of North-Carolina do enact.” 

Sec. 24. Each House shall he judge of the qualiticatiofus and 
elections of its own members, shall sit upon its own adjourn- 
Tiient from day to day, prepare bills to be passed into laws, 
and the two Houses may also jointly adjourn to any future 
day, or other place. 

Sec. 25. All bills and resolutions of a legislative nature, 
shall be read three times in each House, before they pass into 
laws; and shall be signed by the presiding officei*s of both 
Houses. 

Sec. 25. Each member of the General Assembly, before 
taking his seat, shall take an oath or affirmation that he will 
support the Constitution and laws of the United States, and 
the Constitution of the State of Korth-Carolina, and will faith¬ 
fully discharge his duty as a member of the Senate or IToUse 
of Representatives. 

Sec. 27. The term® of office for Senators and members of 
2 




18 


CONSTITUTION OF 


tlie House of Representatives shall commence at the time of 
tlieir election; and the term of office of those elected at the 
fii-st election held under this Constitution shall terminate at 
the same time as if they had been elected, at the first ensuing 
regular election. 

Sec. 28. Upon motion made and seconded in either House,, 
by one-fifth of the members present, the yeas and nays upon 
any question shall be taken and entered upon the journals. 

Sec. 29. The election for members of the General Assem¬ 
bly shall be held for the respective districts, and counties, at 
the places where they are now held, or may be directed here¬ 
after to be held, in such manner as may be prescribed by law,, 
on the first Thursday in August, in the year one thousand 
eight hundred and seventy, and every two years thereafter. 
Rut the General Assembly may change the time of holding 
the elections. The first election shall be lield when the vote 
shall be taken on the ratification of this Constitution by the 
voters of the State, and the General Assembly then elected,, 
shall meet on the fifteenth day after the approval thereof by 
the Congress of the United States, if it fall not on Sunday,, 
but if it shall so fall, then on the next day thereafter, and the- 
members then elected shall hold their seats until their succes- 
sors are elected at a regular election. 


ARTICLE III. 

EXECUTIVE DEPARTMENT. 

Section 1. The Executive Department shall consist of a 
Governor (in whom shall be vested the Supreme executive 
power of the State) a Lieutenant-Governor, a Secretary of 
State, an Auditor, a Treasurer, a Superintendent of Public 
Works, a Superintendent of Public Instruction, and an Attor¬ 
ney General, who shall be elected for a term of four yeai-s by 
the qualified electors of the State, at the same time and places,. 





KOftTH-CAitOLINA. 


19 


and in the same manner as members of the General Assem¬ 
bly are elected. Their term of oflBce shall commence on the 
first day of January next, after their election, and continue 
until their successors are elected and qualified ^ Provided,^ 
That the officers first elected shall assume the duties ot their 
office ten days after the approval of this Constitution by the 
Congress of the United States^ and* shall hold their offices 
four years from and after the first day of January^ 1869. 

Sfic. 2. 1^0 person shall be eligible as Governor or Lieu- 
tenant-Governor, unless he shall have attained the age of 
thirty years, shall have been a citizen of the United States five 
years, and shall have been a resident of this State for two 
years next before the election ) nor shall the person elected to 
either of these two offices be eligible to the same office more 
than four years in any term of eight years unless the office 
shall have been cast upon him as Lieutenant-Governor or 
President of the Senate. 

Sec. 3. The return of every election for officers of the 
Executive Department shall be sealed up and transmitted to 
the seat of Government by the returning officers, directed to 
the Speaker of the House of Kepresentatives, who shall open 
and publish the same in the presence of a majority of the 
members of both Houses of the General Assembly. The 
pei*sons having the highest number of votes respectively, shall 
be declared duly elected; but if two or more be equal and 
highest in votes for the same office, then one of them shall be 
chosen by joint-ballot, of both Houses of the General Assem 
bly. Contested elections shall be determined by a joint vote 
of both Houses of the General Assembly, in such manner as 
shall be prescribed by law. 

Sec. 4. The Governor, before entering upon the duties of 
bis office, shall, in the presence of the members of both 
branches of the General Assembly, or before any Justice of 
the Supreme Court, take an oath or affirmation, that he will 
support the Constitution and laws of the United States and 
of the State of Horth-Carolina, and that he will faithfully per 



20 


€O]S:STITUTI03r ow 


formt tlie duties appertaining to tKe office of GovenioF t(S^ 
wliicli lie has Been elected. 

Sec. 5. Tlie Governor shall reside at the seat of govern'- 
ment of this State^ and he shall^ from time to time, give the 
General AssemBlv information of the affairs of the State,, 
and recommend to their consideration sueh measui^es as he 
&hafr deem expedient. • 

Sec. 6 . The Governor shall have power to grant reprieves^ 
commutations and pardons, after conviction, for all offencesy 
(except in cases, of impeachment,) upon such conditions as- he 
may think proper, subject to such regulations as may be pro¬ 
vided by law relative to the manner of applying; for pardonsv 
He shall anneiaTly communicate to the General Assembly each- 
case of reprieve,, commutation-, or pardon granted; stating: 
the name ol each convict,, tlie crime for which he was coiv 
victed) the sentence and its date^ the date of commutation,- 
pardon, or reprieve, and the reasons therefor. 

Sec, T. The officers of the Executive Department and of 
the Public Institutions of the State, shall at least five days 
previous to each regular session of the General Assembly 
severally report to the Governor, who slmll transmit sueh 
reports, with his message, to the General Assembly ; and the 
Governor may, at any time, rec^uire intormation in waiting 
from the officers in the Executive Department upon any sub¬ 
ject relating to the duties of their respective ofhcesy and shall 
take care that the laws be faithfully executed. 

Sec. 8, The Governor shall be Conimander-in-Chief of the 
militia of the State, except when they shall be called in to 
the service of the tJnited States. 

Sec. 9. The Governor shall have power, on extraor¬ 
dinary occasions, by and with the advice of the Council of 
State, to convene the General Assembly, in extra- sessions by 
|ii& proclamation, stating therein the purpose or purposes for 
which they are thus convened. 

Sec. 10. The Governor shall nominate, and, by and with 
the advice and consent of a majority of tlie Senators elect, 
.appoint, all officers whose offices are established by tliis 


^oirrn-CAROLiNA. 


21 


^titntioTi, or •which shall be created bylaw, and whose appoint¬ 
ments are not otherwise provided for, and no such officer 
shall be appointed or elected by the General Assembly. 

Sec. 11. The Lientenant-Govemor shall be President of 
the Senate, but shall have no vote unless the Senate be 
equally divided. lie shall, whilst acting as President of the 
Senate, receive for his services the same pay, which sliall for the 
same period, be allowed to the Speaker of the House ofPep* 
resentatives, and he shall receive no other compensation 
except when he is acting as Governor, 

Sec. 12. In ease of the impeachment ol the Governor, 
his failure to qualify, his absence from the State, his inability 
to discharge the duties of his office, or m case the office of 
Governor shall m anywdse become vacant, tlie powers, duties 
and emoluments of the office shall devolve upon the Lieuten¬ 
ant-Governor until tiie disabilities shall cease, or a new Gov¬ 
ernor shall be elected and qualified. In every case in which 
the Lieiitenant-Gorernpr shall be unable to preside over the 
Senate, the Senators shall elect one of their own number Presi¬ 
dent of their body; and the powers, duties, and emohmients 
of the office of Governor shall devolve upon him whenever 
the Lieutenant-Governor shall, for any reason, be prevented 
from discharging the duties of such office as above provided, 
and he shall continue as acting Governor until the disabilities 
be removed or a new- Governor or Lieutenant-Goveraor shall 
be elected and qualified. Wiienever, during the recess of the 
General Assembly, it shall become necessaiy for a President 
of the Senate to administer the government, the Secretary of 
State shall convene the Senate, that tliey may elect such 
President. 

Sec. 13. The respective duties of the Secretary of State, 
Auditor, Treasurer, Superintendent of Public Works, Super¬ 
intendent of Public Instruction, and Attorney Geneial shall 
he prescribed by law. If the office of any of said officers 
sliall be vacated by death, resignation, or otherwise, it shall 
be the duty of the Gov^ernor to appoint another until the disa¬ 
bility be removed or his successor be elected and qualified. 


24 


CONSTITUTION OF 


the concurrence of two-thirds of the Senators present. When 
the Governor is impeached the Chief Justice shall preside. 

Sec. 7. Treason against the State shall consist only in levy¬ 
ing war against it or adhering to its enemies, giving them 
aid and comfort. No person shall be convicted ot treason 
unless on the testimony of two witnesses to the same overt 
act, or on confession in open court. No conviction ot treason 
or attainder shall work corruption of blood or forfeiture. 

Sec. 8. The Supreme Court shall consist of a Chief Justice 
and four Associate Justices. 

Sec. 9. There shall be two terms of the Supreme Court held 
at the seat of Government of the State in each year, commen¬ 
cing on the first Monday in January, and first Monday in 
June, and continuing as long as the public intei’ests may 
require. 

Sec. 10. The Supreme Court shall have jurisdiction to re¬ 
view, upon appeal, any decision of the CK)urts below, upon 
any matter of law or legal inference; but no issue of fact 
shall be tried before this court: and the court shall have 
power to issue any remedial writs necessary, to give it a 
general supervision and control of the inferior courts. 

Sec. 11. The Supreme Court shall have original jurisdic¬ 
tion to hear claims against the State, but its decisions shall 
be merely recommendatory: no process in the nature of 
execution, shall issue thereon ; they shall be reported to the 
next session of the General Assembly for its action. 

Sec. 12. The State shall be divided into twelve judicial dis¬ 
tricts, for each of which a Judge shall be chosen, who shall 
hold a Superior Court in each county in said District, at least 
twice in each year, to continue for two weeks, unless the 
business shall be sooner disposed of. 

Sec. 13. Until altered by lawq the following shall be th-e 
J udicial Districts; 




NORTH-CAKOLINA. 


25 


3 

FIRST DISTRICT. 


^urrituck, 

Camden, 

Pasquotank, 

Ferquiinans, 

Chowan, 

Gates, 

Hertford 

Bertie. 

SECOND DISTRICT. 

Tyrrell, 

Hyde, 

Washington, 

Beaufort, 

Edgecombe. 

Martin, 

THIRD DISTRICT. 

Pitt, 

Craven, 

Carteret, 

J ones. 

Greene, 

Onslow, 

Lenoir, 

Wayne, 

Wilson. 

FOURTH DISTRICT. 

Brunswick, 

New Hanover, 

Duplin^ 

Sampson, 

Columbus, 

Robeson. 

Bladen, 

FIFTH DISTRICT. 

Cumberland, 

Harnett, 

Moore, 

Richmond, 

Anson, 

Montgomery, 

Stanly, 

Union. 

SIXTH DISTRICT. 


Northampton 

Warren, 

Halifax, 

Wake, 

Nash, 

Franklin, 

Johnson, 

Granville. 




24 


CONSTITUTION OF 


tlie concurrence of two-thirds of tlie Senators present. When 
the Governor is impeached the Chief Justice shall preside. 

Sec. T. Treason against the State shall consist only in levy¬ 
ing war against it or adhering to its enemies, giving them 
aid and comfort, i^o person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt 
act, or on confession in open court. Ko conviction of treason 
or attainder shall work corruption of blood or forfeiture. 

Sec. 8. The Supreme Court shall consist of a Chief Justrce 
and four Associate Justices. 

Sec. 9. There shall be two terms of the Supreme Court held 
at the seat of Government of the State in each year, commen¬ 
cing on the first Monday in January, and first Monday in 
June, and continuing as long as the public intei-ests may 
require. 

Sec. 10. The Supreme Court shall have jurisdiction to re¬ 
view, upon appeal, any decision of the courts below, upon 
any matter of law or legal inference; but no issue of fact 
shall be tried before this court: and the court shall have 
power to issue any remedial writs necessary, to give it a 
general supervision and control of the inferior courts. 

Sec. 11. The Supreme Court shall have original jurisdic¬ 
tion to hear claims against the State, but its decisions shall 
be merely recommendatory: no process in the nature of 
execution, shall issue thereon ; they shall be reported to the 
next session of the General Assembly for its action. 

Sec. 12. The State shall be divided into twelve judicial dis¬ 
tricts, for each of which a Judge shall be chosen, who shall 
hold a Superior Court in each county in said District, at least 
twice in each year, to continue for two weeks, unless the 
business shall be sooner disposed of. 

Sec. 13. Until altered by law, the following shall be the 
J udicial Districts: 




NORTH-CAHOLINA. 


25 


i 

FIRST DISTRICT. 


Currituck, 

Perquimana, 

Hertford 

Camden, 

Chowan, 

Bertie. 

Pasquotank, 

Gates, 


SECOND DISTRICT. 


Tyrrell, 

Beaufort, 

Edgecombe. 

I[yde, 

Martin, 

Washington, 

Pitt, 


THIRD DISTRICT. 


Craven, 

Greene, 

! Wayne, 

1 

Carteret, 

Onslow, 

Wilson. 

Jones, 

Lenoir, 

1 

FOURTH DISTRICT. 


i 

I Brunswick, 

1 Columbus, 
Robeson. 

New Hanover, 
Bladen, 

Duplin^ 

Sampson, 


FIFTH DISTRICT. 


Cumberland, 

Richmond, 

Stanly, 

Harnett, 

Anson, 

Union. 

Moore, 

Montgomery, 


SIXTH DISTRICT. 


Northampton 

Wake, 

Johnson, 

Warren, 

Nash, 

Granville. 

Halifax, 

Franklin, 




26 


CONSTITUTION OF 


Person, 

Randolph, 

Caswell, 


SEVENTH DISTRICT. 

Orange, Chatham, 

Guilford, Alamance, 

Rockingham. 


EIGHTH DISTRICT. 


Stokes, 

Rowan, 

Surry. 


Catawba, 

Lincoln, 

Rutherford, 


Iredell, 

Alexander, 


Alleghany, 

Mitchell, 

Buncombe. 


Forsyth, Davidson, 

I>avie, Yadkin, 


NINTH DISTRICT. 

Cabarrus, Mecklenburg, 

Gaston, Cleveland, 

Polk. 


TENTH DISTRICT. 

Wilkes, Burke, 

Caldwell, McDowel. 

eleventh district. 

Ashe, Watauga, 

Yancey, Madison, 


TWELFTH DISTRICT. 


Henderson, 

Macon, 

Cherokee. 


Transylvania, Haywood, 

Jackson, Olay, 


Sm 14. Evep. Judge of a Superior Court shall reside 
his District while holding his office. The Judges may e 


NORTA-CAROLINA. 


37 


change districts with each other with the consent of the Gov¬ 
ernor, and the Governor, for good reasons, which he shall re¬ 
port to the Legislature at its current or next session, may re¬ 
quire any Judge to hold one or more specified terms of 
said Courts in lieu of the Judge in whose district they are. 

Sec. 15. The Superior Courts shall have exclusive original 
jurisdiction of all civil actions, whereof exclusive original 
jurisdiction is not given to some other Courts; and of all 
criminal actions, in which the punishment may exceed a fine 
of fifty dollars or imprisonment for one month. 

Sec. 16. The Superior Courts shall have appellate juris¬ 
diction of all issues of law or fact, determined by a Probate 
Judge or a Justice of the Peace, where the matter in contro¬ 
versy exceeds twenty-five dollars, and of matters of law in all 
cases. 

Sec. 17. The Clerks of the Superior Courts shall have juris¬ 
diction of the probate of deeds, the granting of letters testa¬ 
mentary and of administration, the appointment of guar¬ 
dians, the apprenticing of orphans, to audit the accoimts of 
executors, administrators and guardians, and of such other 
matters as shall be prescribed by law. All issues of fact 
joined before them shall be transferred to the Superior Courts 
for trial, and appeals shall lie to the Superior Courts from 
their judgments in all matters of law. 

Sec. 18. In all issues of fact, joined in any court, the par¬ 
ties may waive the right to have the same determined by 
jury, in which case the finding of the Judge upon the facts, 
shall have the force and effect of a verdict of a jury. 

Sec. 19. The General Assembly shall provide for the 
establishment of Special Courts, for the trial of misde¬ 
meanors, in cities and towns, where the same may be neces¬ 
sary. 

Sec. 20. The Clerk of the Supreme Court shall be ap¬ 
pointed by the Court, and shall hold his office for eight years. 

Sec. 21. A Clerk of the Superior Court for each county, 
shall be elected by the qualified voters thereof, at the time 


i28 


CONSTITUTION OF 


and ill the manner prescribed by law, for the election of mem¬ 
bers of tiie General Assembly. 

Sec. 22. Clerks for the Superior Courts sliall hold their 
offices for four years. 

Sec. 23. The General Assembly shall prescribe and reg¬ 
ulate the fees, salaries, and emoluments of all officers provided 
for in this Article; but the salaries of the Judges shall not lie 
diminished during their continuance in office. 

Sec. 24 The laws of hlorth-Carolina, not repugnant to this 
Constitution, or to the Constitution and laws of the United 
States, shall be in force until lawfully altered. 

Sec. 25. Action;® at law, and suits in equity, pending 
when this Constitution shall go into effect, shall be transfer¬ 
red to the Courts having jurisdiction thereof, without preju¬ 
dice by reason of the cliange, and all such actions and suits, 
commenced before, and pending at, the adoption by the Gen¬ 
eral Assembly, of the rules of practice and procedure herein 
provided for, shall be heard and determined, according to the 
practice now in use, unless otherwise provided for by said 
rules. 

Sec. 2b. The Justices of the Supreme Court shall be elected 
by the qualihed voters of the State, as is provided for the elec¬ 
tion of members of the General Assembly. They shall hold 
their offices for eight years. The Judges of the Superior 
Courts shall be elected in like manner, and shall iiold their 
offices for eight years; but the Judges of the Superior Courts 
elected at the tirst election under this Constitution, shall, 
after their election, under the superintendence of the Justices 
of the Supreme Court, be divided by lot into two equal 
classes, one of which shall hold office for four years, the other 
for eight years. 

Sec. 27. The General Assembly may provide by law that 
the Judges of the Superior Courts, instead of being elected by 
the voters of the whole State, as is herein provided for, shall 
be elected by the voters of their respective districts. 

Sec. 28, The Superior Courts sliall be, at all times, open 



?ro^rt0r-cAAoLi3ri. 


is9 


for’ the transaction of all husiness wfthi'n their Junsdictlou, ex- 
(«pf the trial of issues of fact reqtiiritrg a jnfy. 

Sbo. 29. A Solicitor slidl be elected for each judicial dis* 
ti-ict by the qualified voters thereof, as is prescribed for luern- 
hers of the Geueral Assetnhiy, who shhlT hold office fur the 
teiln of four years', and prosecute on belralf of the State, Id 
all ci'imiiial actioirs in the Snpenor Cotirts, and advise the 
offiteers of justree in his- district. 

Sec. 30. In each county a Shei'ff! and Coroner, shall be 
elected by the qualified voters tliereof as is prescribed foi' 
members of the Genera! Assembly, and shall hold their offices 
for tTVor yeiaTs. In each township there shall be a Coii'stable, 
elected in like manner by the Voters thereof, who shall Luid* 
his* office for two years*. When there isr no Coroiier in the 
connty, the Olerk of the Superior Court for the coiij-iity may 
appoint oT?e for special enses. In cdse of a vacancy existing 
lor any cause, in any of the offices created by this section, the 
Conftnis&ioners for the coiinty Unay ajip’oint to such office ibr 
the' nnexpired tertn. 

Sec. 31. All vacancies occurring In the offices provided for 
by this article of this Oon'stitutidn, shall be filled by tlie ap- 
pointment of the Go^'ernor, unless otherwise provided for, 
and th-e appointees shall hold their places until the next reg- 
ular'elect t mi. 

Sec. 32, The officers elected at the first election held under 
this Constitution, shall hold their offices for the terms pre¬ 
scribed for them respectively, next ensuing after the next reg¬ 
ular election for members of the General Assembly. But 
their terms shall begin upon the approval of this Constitution 
hy the Congress of the United States. 

Sec, 33. The several Justices of the Peace shall have exciti 
slve original jurisdiction* under such regulation's as the G eneral 
I Assembly shall prescribe, of all civil actions, founded orv 
I contract, wherein the enm demanded shall not exceed twf» 
i hundred dollars, and wlierein the title to real estate shall not 
' he in controversy; and of all criminal matters arising within 
their counties, where the punhlimeiit cannot exceed a fine 




30 


CONSTITUTION OF 


ol fifty dollars, or imprisonment for one month. When an 
issue of fact shall be joined before a Justice, on demand of 
either party thereto, he shall cause a jury of six men to be 
summoned, who shall try the same. The party against whom 
judgment shall be rendered in any civil action, may appeal 
to the Superior Court from the same, and, if the judgment 
sliall exceed twenty-five dollars, there may be a new trial of 
the whole matter in the appellate court; but if the judgment 
shall be for twenty-five dollars or less, then the case shall be 
heard in the appellate court, only upon matters of law. In 
ail cases of a criminal nature, the party against whom judg¬ 
ment is given may appeal to the Superior Court, where the 
matter shall be heard anew. In all cases brought before a 
elustice, he shall make a record of the proceedings, and file the 
same with the Clerk of the Superior Court for his county. 

Sec. 34. When the office of Justice of the Peace shall be¬ 
come vacant, otherwise than by expiration of the term, and in 
case of a failure by the voters of any district, to elect, the 
Clerk of the Superior Court for the County shall appoint 
to fill the vacancy for the unexpired term. 

Sec. 35. In case the office of Clerk of a Superior Court for 
a County shall become vacant, otherwise than by the expira¬ 
tion of the term, and in case of a failure by the people to elect, 
the Judge of the Superior Court for the County shall ap 
point to fill the vacancy until an election can be regularly 
held. 


ARTICLE V. 

REVENUE AND TAXATION. 

Section 1. The General Assembly shall levy a capitation 
tax on every male inhabitant of the State over twenty-one and 
under fifty years of age, which shall be equal on each, to the 
tax on property valued at three hundred dollars in cash. 



NOKTH-OAROLINA. 


31 


The Commissioners of the several counties may exempt from 
capitation tax in special cases, on account of poverty and in- 
hrmity, and the State and county capitation tax combined, 
shall never exceed two dollars on the head. 

Seo. 2. The proceeds of the State and County capitation 
tax shall be applied to the purposes of education and the sup 
port of the poor, but in no one year shall more than twenty- 
live per cent., thereof, be appropriated to the latter purpose. 
» Sec. 3. Laws shall be passed taxing, by a uniform rule, all 
moneys, credits, investments in bonds, stocks, joint-stock com¬ 
panies or otherwise ; and, also, all real and personal property, 
according to its true value in money. Tlie General Assembly 
may also tax trades, professions, franchises, and incomes, pro¬ 
vided that no income shall be taxed when the property from 
which the income is derived, is taxed. 

Sec. 4. Tlie General Assembly shall, by appropriate legis¬ 
lation and by adequate taxation, provide lor the prom|>t and 
regular payment of the interest on the public debt, and after 
the year 1880, it shall lay a specific annual tax upon the real 
and personal property of the State, and tlie sum thus realized 
shall be set apart as a sinking fund, to be devoted to tlie pay¬ 
ment of the public debt. 

Sec. 5. Until the bonds of the State shall be at par, the 
General Assembly shall have no power to contract any new 
debt or pecuniary obligation in behalf the State, except to sup¬ 
ply a casual deficit, or for suppressing invasion or insurrection, 
unless it shall in the same bill levy a special tax to pay the 
interest annually. And the General Assembly shall have no 
power to give or lend the credit of the State in aid of any 
pereon, association or corporation, except to aid in tlie com¬ 
pletion of such Eail Roads as may be unfinislied at the time of 
f the adoption of this Constitution, or in which the State has 
a direct pecuniary interest, unless the subject be submitted to 
a direct vote of the people of the State, and be ajiproved by 
a majority of those who shall vote thereon. 

Sec. 6 . Property belonging to the State, or to municipal 
corporations, shall be exempt from taxation. The General As- 




33 


coJjsiflTt'floi; 0# 


sembly may exempt cemetaries, and property lield for educa^ 
tional, scientific, literary, charitable, or religious purposes ^ 
also, wearing apparel, arms for fillister, household and kitchen 
furniture, the mechanical and agricultural implements of me¬ 
chanic's and farmers, libraries and scientific instruments, to a 
Yalue not exceeding three hundred dollars. 

8ec. Tlie taxes levied by the comiiiissoners of the seve¬ 
ral counties, for cofmty purposes, shall be levied in like man- 
ner with the 'State taxes, and shall never exceed the double 
of the State tax, except for a special pui^ose, and with the 
special approval of the General Assembly. 

Sec. 8. Every act of the General Assembly, levying a tax. 
shall state the special object to which it is to be applied, and 
it shall be applied to no other purpose. 


ARTICLE Yt 

StJEFnAGE AND ELIGIBILITY tO OFFICfe, 

Section 1. Every male person born in the Eiiited States^ 
and every male person who has been naturalized, twenty-one 
yeare old or upivard, who shall have resided in this State 
twelve months next preceding the election, and thirty days in 
tlie county, in which he offers to vote, shall be deemed an 
elector. 

Sec. 3. It shall be the duty of the General Assembly to 
provide from time to time, for the registration of all electors, 
and no jierson shall be allowed to vote without registration, 
or to register, without first taking an oatli or affirmation to 
support and maintain the Constitution and law^s of the United 
States, and the Constitution and laws of Korth-Carolina, not 
inconsistent therewith. 

Sec. 3. All elections by the people slmri be by ballot and 
all elections by the General Assembly shall be viva voce. 

Sec. 4. Every Voter, except as hereinafter provided, shall 



NORTtt-CAROLINA. 


be eligible to office; but before entering upon the discharge 
of the duties of his office, he shall take and subscribe the fo% 

lowing oath: “ I,-, do solemnly swear (or affirm), that I 

will support and maintain the Constitution and laws of the 
United States, and the Constitution and laws of North-Caiy.- 
lina not inconsistent therewith, and that I will faithfully dis¬ 
charge the duties of my office. So help me God.’’ 

Sec. 5. The fallowing classes of persons shall be disqualified 
for office; First, All persons who shall deny the being oi 
Almighty God. Second, All persons w'ho shall have been 
convicted of treason, perjury, or of any other infamous crime, 
since becoming citizens of the United States, or of corruption, 
or mal-practice in office, unless such person shall have befm 
legally restored to the rights of citizenship. 


ARTICLE Vn. 

MUNICIPAL CX)RP0RATI0NS. 

Section 1. In each county, there shall be elected, bienn^ 
ally, by the qualified voters tliereof, as provided for the.elec- 
lion of members of the General Assembly, the following offi¬ 
cers: A Treasurer, Hegister of Deeds, Surveyor and Five 
Commissioners. 

Sec. 2. It shall be the duty of the Commissioners to exer¬ 
cise a general supervision and control of the penal and 
charitable institutions, schools, roads, bridges, levying (»t 
taxes and finances of the county, as may bo prescribed by 
law. Tlie Eegister of Deeds shall be, officio^ Clerk of t}>e 
"Board of Commissioners. 

Sec. 3. It shall be the duty of the Commissioners first 
elected in each county, to divide the same into convenient 
districts, to determine the boundaries and prescribe the 
names of tlic said districts, and to report the same to the Gen¬ 
eral Assembly before the first day of January, IBfiO. 


o 




34 


COXiSTITUTION OF 


Sec. 4. Upon the approval of the reports provided for m 
the foregoing section, by the General Assembly, the said dis¬ 
tricts shall have corporate powers for the necessary pui*poses 
of local government, and shall be known as townships. 

Sec. 5. In each township there shall be biennially elected^ 
by the qualified voters thereof, a Clerk and two Justices ot 
the Peace, who shall constitute a Board ^f Trustees, and 
shall, under the supervision of the County Commissioners, 
have control of the taxes and finances, roads and bridges of the 
Township as may be prescribed by law. The General Assem 
bly may provide for the election of a larger number of Justices^ 
of the Peace in cities and towns and in those Townships in 
which cities and towns are situated. In every Township there 
shall also be biennially elected a School Committee consist¬ 
ing of throe persons, whose duty shall be prescribed law. 

Sec. 6. The townsliip Board of Trustees, shall assess the 
taxable property of their township^and make return to the 
County Commissioners, for revision^ fis may be pres(*ribed by 
. law. The Clerk shall also be ew ojjicio Treasurer of the 
Township. 

Sec. 7. Ho county, city, town, or other municipal corpor¬ 
ation shall contract any debt, pledge its faith, or loan its 
credit, nor shall any tax be levied, or collected by any officers 
of the same, except for the necessary expenses thereof, unless 
by a vote of a majority of the qualified voters therein. 

Sec. 8. Ho money shall be drawn from any County or 
Township Treasury, except by authority of law. 

Sec. 9. All taxes levied by any county, city, town, or 
township, shall be uniform and ad valorem^ upon all property 
in the same, except property exempted by this Constitution. 

Sec. 10. The county officers first elected under the pro¬ 
visions of this article shall enter upon their duties ten days 
after the approval of this Constitution by the Congress of thf 
United States. 

Sec. 11. The Governor sliali appoint a .sufficient number 
of Justices of the Peace in each county, who shall hold their 
places until sections 4, .5, and 6' of this Article sliall have 
been carri^l into effect. 



NOKTH-OA ROLIN A. 


35 


Sec. 12. All charters, ordinances and provisions relating 
to municipal corporations shall remain in force until legally 
changed, unless inconsistent with the provisions of this Con¬ 
stitution. 

Sec. 13. No County, City, Town or other municipal cor¬ 
poration, shall assume or pay, nor shall any tax be levied, 
or collected, for,the payment of any debt, or the interest 
upon any debt, contracted directly or indirectly in aid or 
fupport of the rebellion. 


AKTICLE yill. 

CORPORATIONS 0TUER TUAN MUNICIPAL. 

Section 1. Corporations may be formed under general laws, 
but shall not be created by special act, except for municipal 
purposes, and in cases wdiere, in the judgment of the Legisla- , 
ture, the object of the corporations cannot be attained under 
general laws. All general laws and special acts passed, pur¬ 
suant to this section, may be altered from time to time or 
repealed. 

Sec. 2. Dues from corporations shall be secured by such in¬ 
dividual liabilities of the corporations and other means, 
may be prescribed by law. 

Sec. 3. The term corporation, as used in this Article, shall 
be construed to include all associations and joint-stock com 
panics, having any of the powers and privileges of corpora¬ 
tions, not possessed by individuals or partnerships. And all 
corporations shall have the right to sue, and shall be subject 
to be sued in all courts, in like cases as natural persons. 

SEa 4. It shall be the duty of the Legislature to provide 
for the organization of cities, towns and incorporated village?, 
and to restrict their power of taxation, assessments, boirowing 
money, contracting debts, and loaning their credit, so as to 
prevent abuses in assessments and in contracting debts by 
such municipal corporation. 





INSTITUTION 




ABTIGLE IX. 

^UCATION, 


Section f. Eeligion, morality, and knowledge being lieces • 
sary to good governand liappirt'ess of mankind, seboolf 
and the means of education shall forever be encouraged. 

Sec. 2. The General Assembly at its first session under this 
Constitution, shall provide by taxation and otherwise for a 
general and nnifonn system of Public Schools, wherein tuition 
shall be free of charge to all the cliildren of the State betweeii 
the ages of six and twenty-one years. 

Sec. 3. Each County of the State shall be divided into a 
convenient number of Districts, in which one or more Public- 
Schools shall be maintained, at least four months in every 
year ; and if the Commissioners of any county shall fail to 
comply with the aforesaid requirements of this section, they 
ghali be liable to indictment. 

Sec. 4. The proceeds of all lands that have been, or 
hereafter may be granted by the United States to this Statv 
and not otherwise specially appropriated by the United States 
or heretofore by this State; also, all moneys, stocks, bonds, 
and other property now belonging to any fund for purpose! 
of education ; also, the net proceeds that may accrue to the 
State from sales of estrays, or from fines, penalties and for¬ 
feitures; also, tlie proceeds of ail sales of the swamp land 
belonging to the State; also, all money that shall be paid as 
an equivalent for exemption from military duty ; also, all 
grants, gifts or devises that may hereafter be made to thi*^ 
State, and not otlierwise appropriated by the grant, gift or 
devise, shall b?^ securely invested, and sacredly preserved <u 
an irreducible educational fund, the annual income of which, 
together with so much of the ordinary revenue of the Statt 
as may be necessary, shall be faithfully appropriated for 
establishing and perfecting in this State a system of FrG.< 
Public Schools, and lor no other purposes or uses whateoever. 

Sec. 5. The Univei’sity of Xorth-Carolina, with its lands. 



NOOrn-CAROLINA. 


37 


crtiohiments and franchises, is under the control of the State, 
and shall be held to an inseparable connection with the Free 
Pnbiie School system of the State. 

Sec. 6. The General Assembly shall provide that the bene¬ 
fits ol the University, as far as practicable, he extended to the 
youth of the State free of expense for tuition ; also, that all 
the property which has heretofore accrued to the State, or 
shall hereafter aceriie from escheats, unclaimed dividends, or 
<listribut.ive shares of the estates of deceased persons, shall be 
appropriated to the use of tlie University. 

Sec. 7. The Governor, Lieutenant-Governor, Secretary of 
State, Treasurer, Auditor, Superintendent of Public Works, 
Superintendent of Public Instruction and Attorney General, 
shall constitute a State Board of Education. 

Sec. 8. The Governor shall be President, and the Super¬ 
intendent of Public Instruction shall be Secretary of tlje 
Board of Education. 

Sec. 9. The Board of Education shall siK*ceed to all the pow¬ 
ers and trusts of the President and Directors of tlie Literary 
Fund of Korth-Carolina, and shall have full power to legis¬ 
late and make all needful rules and regulations in relation to 
Free Public Schools, and the Educational Fund of tlie State; 
but all acts, rules and regulations of said Board may be al¬ 
tered, amended or repealed by the General As^mbly, and 
when so altered, amended or repealed, they shall not be re¬ 
enacted by the Board. 

Sec. 10. The first session of the Board of Education shall he 
held at the Capital of the State, within fifteen days after 
the organization of the State government under this Constitu. 
tion; the time of future meeting may be determined by the 
Board. 

Sec. 11. A majority of the Board shall constitute a quorum 
for the transaction of business. 

Sec. 12. The contingent expenses of the Board sliall be pro¬ 
vided for by the General Assemblj". 

Sec. 13. The Board of Education shall elect Trustees for 
tine University, as follows: one Trustee for each County in 


38 


CONSTITUTION OF 


the State, whose term of office shall be eight years. The firet 
meeting of the Board shall be held within ten (10) days after 
their election, and at this and every subsequent meeting, ten 
Trustees shall constitute a quorum. The Trustees, at their 
ftrst meeting, shall be divided, as equally as may be, into four 
(dasses. The seats of the first class shall be vacated at the ex¬ 
piration of two years; of the second class, at the expiration of 
four years; of the third class, at the expiration of six years ; 
of the fourth class, at the expiration of eight years ; so that 
one-fourth may be chosen every second year. 

Sec. 14. The Board of Education and the President of the 
University, shall be ex officio members of the Board of Trus 
tees of the University; and shall, with three other Trustees 
to be appointed by the Board of Trustees, constitute the 
Executive Committee of the Trustees of the University of 
l^orth-Carolina, and shall be clothed with the powders dele¬ 
gated to the Executive Committee under the existing organi¬ 
zation of the Institution. The Governor shall be ex officio 
President of the Board of Trustees and Chairman of the Ex¬ 
ecutive Committee of the University. The Board of Educa¬ 
tion shall provide for the more perfect organization of the 
Board of Trustees. 

Sec. 15. All the privileges, rights, franchises and endow¬ 
ments heretofore granted to, or conferred upon, the Board 
of Trustees of the University of ISrorth-Carolina by the char¬ 
ter of 1789, or by any subsequent legislation, are hereby 
vested in the Board of Trustees, authorized by this Constitu¬ 
tion, for the perpetual benefit of the University. 

Sec. 16. As soon as practicable after the adoption of this 
Constitution, the General Assembly shall establish and main¬ 
tain in connection with the University, a Department of Ag¬ 
riculture, of Mechanics, of Mining, and of Xormal Instruction. 

Sec. 17. The General Assembly is hereby empowered to 
enact that every child of sufficient mental and physical ability, 
shall attend the Public Schools during the period between 
the ages of six and eighteen years, for a term of not less than 
sixteen months, unless educated by other means. 


NORTII-CABOLINA. 30 

ARTICLE X, 

HOMESTEADS AJJD EXEMPTIONS. 

SECTION 1. The personal property of any resident of this 
State, to the value of five hundred dollars, to be selected by 
iSuch resident, shall be, and is hereby exempted from sale 
under execution, or other final process of any court, issued for 
the collection of any debt. 

Sec. 2. Every Homestead and the dwelling and buildings 
used therewith, not exceeding in value one thousand dollars, 
to be selected by the owner thereof, or in lieu thereof, at the 
option of the owner, any lot in a city, town pr village, with 
the dwelling and buildings used thereon, owned and occupied 
by any resident of this State, and nut exceeding the value of 
one thousand dollars, shall be exempted from sale under exe¬ 
cution, or other final process, obtained on any debt. But no 
property shall be exempt from sale for taxes, or for pay¬ 
ment of obligations contracted tor the purchase of said 
premises. 

Sec. 3. The Homestead, after the death of the owner there¬ 
of, shall be exempt from the payment of any debt, during the 
minority of his children, or any one of them. 

Sec. 4. The provisions ol section one and two of this Arti¬ 
cle shall not be so construed as to prevent a laborer’s lien for 
work done and performed for the person claiming sucli exeinp- 
tion, or a mechanic’s lien for work done on the premises. 

Sec. 5. If the owner of a Homestead die, leaving a widow, 
but no children, the same shall be exempt from the debts of 
her husband, and the rents and profits thereof shall inure to 
her benefit during her widowhood, unless she be the owner 
of a Homestead in her own right. 

Seo. 0 . The real and personal property of any female in 
this State, acquired, before marriage, and all property, real 
and personal, to which she may after marriage, become in any 
manner entitled, shall be and remain the sole and separate 
estate and property of such female, and shall not be liable for 




40 


CONSTITITTION OF 


aay debts, obligations or engagements of her husband, and 
may be devised or bequeathed, and, with the writtem assent 
of iier husband, conveyed, by her as it she were unmarried. 

Sec. 7. The husband may insure his own life for the sole 
use and benefit of his wife and children, and in case ot the 
death of the husband the amount thus insured shall be paid 
over to the wife and clnldren, or the guardian, if under age, 
for her, or their own use, free from all the claims of tlie repre¬ 
sentatives of the husband, or any of his creditors. 

Sec. 8. Nothing contained in the foregoing sections of this 
Article shall operate to prevent the owner of a Homestead 
from disposing of the same by deed; but no deed made by 
the owner of a Homestead shall be valid without tlie volun¬ 
tary signature and assent of his wife, signified on her private 
examination according to law. 


ARTICLE XL 

PUl^lSHMENTS, PENAL INSTITUTIONS AND PUBLIC CHAKITIE8. 

Section 1. The following punishments only, shall be known 
to tlie laws of this State, viz: death, imprisonment, with or 
without hard labor, fines, removal from office and disqualifica¬ 
tion to hold and enjoy any oflice of honor, trust, or profit, un¬ 
der this State. 

Seo. 2. The object of punishments, being not only to satisfy 
justice, but also to reform the offender, and thus prevent 
crime; murder, arson, burglary, and rape, and these only, may 
be punishable with death, if the General Assembly shall so 
enact. 

Sec. 3. The General Assembly shall, at its first meeting, 
make provision for the erection and conduct of a States’ 
Prison or Penitentiary at some central and accessible point 
within the State. 

Sec. 4. The General Assembly may provide for the eree- 



r:oirrn-OARoi.rNA. 


41 


tioTi of Houses of Correction, wLere vagrants and persons 
guilty of inisdemeanoi*s shall be restrained and usefully em¬ 
ployed. 

Sec\ 5. A House or Houses of Eefuge may be established, 
whenever the public interest may require it, for the correc¬ 
tion and instruction of other classes of offenders. 

Sec. 6. It shall be required by competent legislation, that 
the Structure and superintendence of penal institutions of the 
State, the county jails, and city police prisons, secure the 
health, and comfort of the prisonei*s, and that male and female 
prisoners be never confined in the same room or cell. 

Sec. 7. Beneficent provision for the poor, the unfoi-tunate 
and orphan, being one of the first duties of a civilized and a 
Christian State, the General Assembly shall at its fii’st session 
appoint and define the duties of a Board of Public Charities, 
to whom shall be intrusted the supervision of all charitable 
and penal State institutions, and who shall annually report to 
the Governor upon their condition, with suggestions for their 
improvement. 

Sec. 8. There shall also, as soon as practicable, be measures 
devised by the State for the establishment of one or more 
Orphan Houses, where destitute orphans may be cared for, 
e<iucated and taught some business or trade. 

Sec. 9. It shall be the duty of the Legislature, as soon as. 
practicable, to devise means for the education of idiots and 
inebriates. 

Sec. 10. The General Assembly shall provide that all the 
deaf mutes, the blind, and the insane of the State, shall be 
cared for at the charge of the State. 

Sec. 11. It shall be steadily kept in view by the Legisla¬ 
ture, and the Board of Public Charities, that all penal and 
charitable institutions should be made as nearly self-support¬ 
ing as is consistent with the purposes of their creation. 






42 


CONSTITUTION OF 


AKTICLE XII. 

MILITIA. 

Section 1. All able bodied male citizens of the State pf 
Nortli-Carolina between the ages of twenty-one and forty 
years, who are citizens of the United States, shall be liable 
to duty in the Militia: Provided^ That all persons who may 
be adverse to bearing arms, from religious scruples, shall be 
exempt therefrom. 

Sec 2. The General Assembly shall provide for the organ¬ 
izing, arming, equipping and discipline of the Militia, and for 
paying the same when called into active service. 

Sec. 3. The Governor shall be Commander-in-Chief, and 
have power to call out the Militia to execute the law, suppreiss 
riots or insurrection, and to repel invasion. 

Sec. 4. The General Assembly shall have power to make 
such exemptions as may be deemed necessary, and to enact 
laws that may be expedient for the government of the Militia. 


ARTICLE XIII. 

AMENDMENTS. 

Section 1. No Convention of the people shall be called by 
the Genera] Assembly unless by the concurrency of. two 
thirds of all the members of each House of the General As¬ 
sembly. 

Sec. 2. No part of the Constitution of this State shall be al¬ 
tered unless a bill to alter the same shall have been read tliree 
times in each House of the General Assembly and agreed to by 
three-fifths of the whole number of members of each House, re¬ 
spectively ; nor shall any alteration take place until the bill, 
so agreed to, sliall have been published six months previous 
to a new election of members to the General Assembly. If 



NOKTH-OAROLINA. 


48 


atler' such publication the alteration proposed by the preced- 
'msr General Assembly shall be agreed to, in the first session 
thereafter, by two-thirds of the whole representation in each 
House of the General Assembly, after the same shall have been 
read three times on three several days in each House, then 
the said General Assembly shall prescribe a mode by which 
the amendment or amendments may be submitted to the 
qualified voters of the House of Hepresentatives throughout 
the State; and if, upon comparing the votes given in the 
whole State, it shall appear that a majority of the voters vot¬ 
ing tliereon have approved thereof, then, and not otherwise, 
the same shall become a part of the Constitution. 


AKTICLE XIY. 

MISCEIXAXEOUS. 

Section 1. All indictments which shall have been found, or 
may hereafter be found, for any crime or ofience committed 
before this Constitution takes eflect, may be proceeded upon 
in the proper Courts, but no punishment shall be inflicted, 
which is forbidden by this Constitution. 

Sec. 2. No person who shall hereafter fight a duel, or assist 
in the same as a second, or send, accept, or knowingly carry 
a challenge therefor, or agree to go out of this State to fight a 
duel, shall hold any office in this State. 

Sec. 3. No money shall be drawn from the Treasury but in 
consequence of appropriations made by law, and an accurate 
account of the receipts and expenditures of the public money 
shall be annually published. 

Sec. 4. The General Assembly shall provide, by proper 
legislation, for giving to mechanics and laborers an adequate 
lien on the subject matter of their labor. 

Sec. 5. In the absence of any contrary provision, all offi¬ 
cers in this State, whether heretofore elected, or appointed 





44 


CONSTITUTION OF 
h 


by tlic Governor, sball hold their positions only until other 
appointments are made by the Governor, or, if the officers are 
elective, until their, successors shall have been chosen and duly 
<^nalilied, according to the provisions of this Constitution. 

Six:. 6. The seat of government in this State shall remain 
at the city of Raleigh. 

Six. 7. Ro person shall hold more than one lucrative office, 
under the State, at the same time: Provided^ That officeit; 
in the Militia, Justices of the Peace, Commissioners of Public 
(Jliarities and Commissioners appointed for special purposes, 
sliall not be considered officers within the meaning of this 
#e<*,tion. 

Done in Convention at Raleigh, the sixteenth day of March, 
in the year of our Lord, one thousand eight hundred and 
sixty-eight, and of the Independence of the United States the 
ninety-second. 

(Signed) CALYIX J. COWLES, 

President of the Constitutio^ial Conmnticrn^ 

T* A. Byrnes, Secretary. 

HENRY M. RAY, 

JERE. SMITH, 

HENRY E. CHILSON, 

GEORGE TUCKER, 

WILLIAM STILLY, Beaufort County, 

WILL: B. RODMAN, Beaufort County, 

PARKER D. ROBBINS, 

WILLIAM A. MANN, of Cumberland, 

BRYANT LEE, 

ABIAL W. FISHER, 

FRED. F. FRENCH, 

JOHN S. PARKS, 

T. J. CANDLER, Buncombe County, 

W. T. BLUME, 

CALVIN C. JONES, 

ABRAHAM CONGLETON, 

W. T. GUNTER, 


NORTH-CAROLINA. 


4 ^ 


GEORGE W. DICKEY, 

JOHN R. FRENCH, 

DAVID HEATON, 

^Y. H. S. SWEET, 

CLINTON D. PEARSON, 

ISAAC KINNEY, 

S. S. MULICAN, 

WILSON CAREY, 

MILTON HOBBS, 

SAMUEL HIGHSMITII, 

J. W. PETERSON, 

E. B. TEAGUE, 

IL C. CHERRY, 

J. T. HARRIS, 

M. J. AYDLOTT, 

T. D. HOFFLER, of Gatos. 

JOHN M. PATRICK, 

JOHN 11. WILLIAMSON, of Franklin, 
G. WILLIAM WELKER, 

A. W. TOURGEE, 

W. T. J. HAYES, 

ILENRY EPPS, 

JAMES MADISON TEENER, 

W. G. B. GARRETT, 

J. IL DUCKWORTH, 

ANDREW J. GLOVER, 

W. II. GEORGE. 

JAMI^ HAY, Johnston Comity, 
NATHAN GULLY, Johnston County, 
DAVID''d COLGROVE, 

GEO. W. GAIIAGAN, 

SAMUEL WASHINGTON WATTS, 
W. A. B. MURPHY, 

SILAS N. STILWELL, Mccklenbuii^, 
EDWARD FELLINGS, Meddunbmg, 
GEO. A. GRAHAM, of M.>nt;^om€*ry, 
LUCIEN M. S. McDONAF.D, 





CONSTITUTION OF 


46 


JACOB ING, 

JOSEPH C. ABBOTT, Hew Hanover, 

SAMUEL S. ASHLEY, 

A. H. GALLOWxiY, 

KOSWELL C. PAKKEE, Horthampton County, 
HEHKY T. GKAHT, 

CHAELES C. POOL, Pasquotank County, 
WILLIAM HICHOLSOH, Perquimans County, 

D. J. EICH, Pitt County, 

BYEOH LAFLIH, Pitt County, 

JESSE EHODES, 

EEITBEH F. TEOGDEH, Eandolph County, 
TALTOH L. L. COX, 

E. T. LONG, 

O. S. HAYES, Eobeson County, 

J. L. HAHCE, Eobeson County, 

JOHH H. FEEHCII, 

ALlEH EOSE, Eowan County, 

WILLIAM H. LOGAH, Eutherford County, 
SYLYESTEE CAETEE, Sampson County,' 
LOEEHZO D. HALL, Sampson County, 

LEVI C. MOETON, Stanly, 

EILEY F. PETEEE, of Stokes, 

SAME FOEKNEE, Surry County, 

JOHN M. MAESHALL,‘Surry County, 

E. W. JONES, Washington and Tyrrel, 
WILLIAM NEWSOM, Union County, 

J. P. ANDEEWS, Wake County, 

STOKES D. FEANKLIN, Wake County, 

J. H. HAEEIS, Wake County, 

JOHN A. HYMAN, Warren County, 

JOHN EE AD, Warren County, 

WILLIE DANIEL, Wilson County, 

JESSE HOLLOWELL, Wayne County, 

H. L. GEANT, 

JOHN QUINCY ADAMS BEY AN, Wilkes Co, 
E. BENBOW, Yadkin, 

E. LEGG, of Brunswick, 

B. S. D. WILLIAMS, of Wake, 

J. W. HOOD, of Cumberland, 

JOHN H. EENFEOW, Halifax County, 
MATCHET TAYLOE, Camden. 

CUFFEE MAYO. 


OrM>ITS^^TVOEK. 


AN OKDINANCE FOR THE SUBMISSION OF THE 
CONSTITUTION TO THE PEOPLE AND THE 
ELECTION OF CERTAIN OFFICERS. 

Section 1. Beit ordained hy the people of Norihr Carolina, 
in Convotition asseiribled, That the Constitution adopted hy 
this Convention be submitted for ratification, to the voters of 
this State, registered and qualified, as provided by acts of 
C^ngl^ss known as the Reconstruction Laws, on the 21st, 
22d and 23d of April, 1868. Tlie vote on said Constitution 
sliall be “ For the Constitution ” and “Against the Constitu 
tion.” The said election shall be held at the places and under 
the regulations to be prescribed by the Commanding General 
df this military district, and the returns made to him as di 
‘ rected by law. 

Sec. 2. An election shall be held at the siime time and 
place as the ratification of the Constitution, for Senators and 
Representatives in the General Assembly, and for all State 
and County officers, who are to be elected by the people under 
this Constitution. 

Sec. 3. An election for members of the United States 
Congress, shall be held in each Congressional District as now 
established, at the same time and place as the election for 
ratification of the Constitution. Said election shall be con¬ 
ducted by the same persons and under the same regulations 
ah before mentioned in this Ordinance. The returns shall b(^ 
inade to the President of this Convention, who shall give the 
'persons chosen certificates of election. 

Sec. 4. The Commanding General of this Military District 
:s requested to enforcie this ordinance. 

Se(L 5. The President of this Convention is hereby di¬ 
rected to forward a certified copy of this ordinance to the 
Commanding General of this Military District. 





2 


^Ratified this 17th day of March, A. D., one thousand eight 
hundred and sixty-eight. 

CALYm J. CO^'LES, 

Prest Const. Conv. of NmiJi-Caroliaa. 

T. A. BtkKes, Secreianj^ 

J. IL Boneu, Assktant Secretary^ 


AJTOEDmANCE TO PREYEKT ThtE INTIMIDATIOK 
OF YOTERS. 

Be it ordained hy the people of JS'orth-Carolina, in Con< 
mntion assembled, and it is hereby ordained as folltnos : 

Section 1. Any person who shall prevent or endeavor to 
prevent, any qualified elector of this State, from the frt^ 
exercise of the elective franchise, by violence or bribery or 
by threats of violence or injury to his person or property; 
CH* by depriving an elector of employment or threatening to 
deprive him of employment, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall be punished 
by imprisonment for not less than one month, nor more than 
six months, or by fine of not lei^ than one hundred dollars 
nor more than five hundred dollars for each ofiencc, and one- 
half of the fine shall go to the prosecutor. 

Sec. 2. The hiring of any laborer upon the condition that 
the same shall vote, or not vote for any special candidate or 
any particular party, or in any specific manner, shall V>e 
deemed bribery within the meaning of this act, upon the 
part- of the person demanding the said condition. 

Sec. 3. This ordinance shall be published and circulated 
with this Constitution for the information of voters, and shall 
be in force from after the date of its passage. 

CALYIN J. OOWLICS, 

Prest. Const. Conv. of NoriJi-Carolki^. 

T. A. Byrnes, Secretary, 

J. H. Boner, Assistant Secret 

































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